Munna Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37661 of 2025 Arising Out of PS. Case No.-45 Year-2025 Thana- Chakki District- Buxar ====================================================== Munna Baitha S/O Ashok Baitha R/O Vill.- Jagdishpur, P.S.- Jagdishpur, Dist.- Bhojpur, Ara.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-06-2025 Heard Mr. Ravi Ranjan, learned counsel for the petitioner and Ms. Renu Kumari, learned APP for the State. 2.

The petitioner seeks bail in connection with Chhaki PS Case No. 45 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that 110 liters country made liquor was recovered from Tempo. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that petitioner is not the owner of the tempo in question, rather

Patna High Court CR. MISC. No.37661 of 2025(2) dt.18-06-2025 2/2 he was driving the Tempo and he was not aware of the illicit goods loaded in the vehicle. The petitioner is in custody since 14-04-2025 and has got no criminal antecedent. There is no compliance of Section 103 of the BNSS, 2023.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chhaki PS Case No. 45 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T